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ccm199209220 CITY OF MUSKEG0 COMMON COUNCIL MINUTES OF MEETING HELD SEPTEMBER 22, 1992 The meeting was called to order at 7:50 P.M. by Mayor Salentine. Also present were Aldermen Patterson, Dumke, Misko, Schneider, Taube, Simmons and Sanders, City Clerk Marenda, and Attorney Molter. Patterson moved for approval of the Common Council minutes of meeting held September 8, 1992. Dumke seconded, carried. COMMUNICATIONS FROM THE MAYOR'S OFFICE The Mayor acknowledged the 25th Anniversary of the Building Inspectors Association of Southeast Wisconsin. UNFINISHED BUSINESS Ord. #766-92 - An ordinance to Amend the Zoning Map of the City of Muskego (EA to A - Peters). Second Reading. Taube moved for adoption. Sanders seconded. Carried 7-0. NEW BUSINESS 0 Reso. #240-92 - Authorize Increase in Contingency for Change Orders-Muskego Volunteer Fire Co. Station #1 Construction Project. Dumke moved for adoption. Sanders seconded. Carried 7-0. Reso. #248-92 - Approval of Concept of Muskego Public Library Participation in the "Inform Wisconsin" Program. Patterson moved for adoption. Schneider seconded. Patterson requested permission for Ray Christenson, President of the Library Board, Carried 7-0. to have the floor. Christenson explained the program concept. COMMITTEE MINUTES Sanders presented minutes of Finance Committee meetings held 9/16/92 and 9/22/92 and moved for acceptance. Patterson seconded. Mayor corrected the amount in Paragraph 6, Page 2 soil borings (Little Muskego Lake Dam), the Committee agreed from $50,000 to $25,000. As to Paragraph 4, Page 2 regarding the City would not guarantee or take responsibility for repair of such things as fences, sprinklers, sod replacement, etc. City Attorney was directed to write a letter to Attorney Murn. The Committee felt the contractor doing the work has the responsibility, and proof of his insurance may be necessary. Taube asked if contractor could wait until frost is in the ground. Mayor advised we should move as quickly as possible due to grant deadline of April 1. Motion carried. held 9/10/92 and moved for acceptance. Patterson clarified Schneider presented minutes of Public Welfare Committee meeting 0 Common Council Minutes September 22, 1992 Page 2 Paragraph 4 to indicate that BFI would be advising him if they would be receptive to recycling at the College Avenue site. Patterson seconded, carried. meeting held 9/17/92 and moved for acceptance. Sanders Schneider presented minutes of Public Utilities Committee seconded, carried. Plan Commission minutes of 9/15/92 were received and placed on file. Patterson and Taube objected to the fact that Patterson's comments made regarding the Industrial Park were not recorded in the Plan Commission minutes. Patterson requested anyone addressing the Plan Commission have their comments recorded. The Mayor felt if all comments were recorded, the minutes would become a book. The Clerk suggested if an alderman wanted a particular comment or opinion identified in the minutes, he should state this is "for the record. 'I Reso. #238-92 - Petition to Rezone Certain Properties to Implement the Comprehensive Land Use Plan. Taube moved for adoption. Simmons seconded. Patterson expressed concern about notification to people around the properties proposed to be rezoned. Mayor noted that Council adopted a resolution waiving the 300' notification. Taube reported Plan Commission recommended that notification be made to everyone within 300' of at least those properties with commercial or industrial zoning involved. Simmons asked that notifications be sent return receipt requested. Molter advised notices should go out in same manner as in the past, which is first class. Patterson expressed concern that the published notification showing only tax key numbers would not inform people of which areas are being rezoned. Sanders felt notification to individuals having their land rezoned is sufficient with the aldermen being people. Dumke moved to amend Exhibit A-1 to be published to informed of areas in their district being rezoned to inform the include the names of the property owners if not already mailed for publication and subject to the Clerk verifying that the property omitted by the Plan Commission is included in the A-1 Exhibit. Taube seconded, carried. Taube moved to amend Paragraph 4 to read, "BE IT FURTHER RESOLVED that a Public Hearing will be held on October 19, 1992 at 7:OO P.M. and the City shall attempt to notify the affected property owners and those property owners within 300' of all commercial and industrial rezonings, in writing, of the Public Hearing to consider said rezonings. Failure to receive a notice does not affect the validity of the proceedings." Schneider seconded, carried. Resolution #238-92, as amended, adopted 7-0. Recess declared at 9:20 P.M. Reconvened at 9:30 P.M. Reso. #239-92 - Amendment of Resolution #149-92 Declaring an Extension of a Moratorium on Land Divisions for an Additional One-Month Period. Taube moved for adoption. Schneider seconded. Attorney Molter reiterated his concerns about his Common Council Minutes September 22, 1992 Page 3 a reluctance to moratoriums. Mayor noted the Plan Commission has which are proposed for rezoning and he suggested a December 8 recommended certain properties be added into the moratorium termination date. Simmons moved to amend Resolution #239-92, Sanders seconded, as follows: Paragraph 3 to read, "WHEREAS, the Moratorium declared by Resolution #149-92 affected some of the lands to be rezoned pursuant to the Comprehensive Master Plan and Resolution #238-92 petitioned for rezoning the lands covered by Resolution #149-92 and certain other lands"; and and Paragraph 5 amend "one-month period" to "two-month period," Paragraph 4 change "one-month period" to "two-month period"; and change "November 8, 1992" to "December 8, 1992"; and add "BE IT FURTHER RESOLVED that the additional lands listed in Resolution #238-92 to be rezoned and not subject to Resolution #149-92 are hereby made subject to said Moratorium,'' and to add and all lands listed in Resolution #238-92." Motion to amend to Paragraph 6, "as to all lands listed in Resolution #149-92 carried 7-0. Resolution #239-92, as amended, adopted 7-0. Reso. #241-92 - Renewal of Property Tax Assessment and moved for adoption. Dumke seconded, carried 7-0. Billing Services Agreement with Waukesha County. Patterson Reso. #242-92 - Approval of Agreement for Cleaning Services. Sanders moved for adoption. Patterson seconded, carried 7-0. Reso. #243-92 - Acceptance of Improvements - Mutza Sanitary Sewer and Water Extension. Sanders moved for adoption. Misko seconded. Misko moved to amend Paragraph 5 to add, "subject to soil erosion measures being installed and maintained or restoration completed." Simmons seconded, carried. Resolution #243-92, as amended, adopted 7-0. Reso. #246-92 - Establishing Salaries for Elected Officials. Patterson moved for adoption. Dumke seconded. Simmons felt salaries for Mayor and Aldermen should not be increased in the upcoming year. Mayor noted the salaries for Aldermen not up requested to check if steps can be placed in the Mayor's for election have already been increased. Attorney Molter was Committee for further review. Taube seconded, carried. salary. Patterson moved to defer and refer to Finance Reso. #244-92 - Deferring Payment of Special Assessments - Schmidt and Lowe. Misko moved for adoption. Sanders seconded, carried 7-0. Attorney Molter was excused at 1O:lO P.M. Reso. #245-92 - Designating Halloween Trick or Treat Hours. Treat - Sunday, November 1, 1992 - 1:00 to 4:OO P.M.) Carried Patterson moved for adoption. Schneider seconded. (Trick or 7-0. Common Council Minutes September 22, 1992 Page 4 Reso. #247-92 - Appointment of Citizen Member to Blue Chip Economic Development Committee (James Cotton). Misko moved for adoption. Patterson seconded, carried 7-0. Ord. #767-92 - An ordinance to Amend Chapter 28, Section Reading. Sanders moved to suspend rules to allow second 28.05(4)(e) of the Municipal Code (Water Utility). First defeated 4-3 with Patterson, Misko, Schneider, Taube voting reading. Simmons seconded. Patterson objected. Motion “no,“ and Dumke, Sanders, and Simmons voting “yes. I’ I LICENSE APPROVAL Patterson moved for approval of Operator‘s Licenses for Sandra Platke, Kathy Staszak, Dawn Ritchie, and Michelle Lee subject to favorable police report. Dumke seconded, carried. Patterson moved for approval of “Class B” - Fermented Malt Beverage & Intoxicating Liquor License for Fresh Start, Jill Maciosek, Agent. Sanders seconded, carried 7-0. VOUCHER APPROVAL Patterson moved for approval of payment of General Vouchers in the amount of $271,011.82. Dumke seconded. Carried 7-0. Sanders moved for approval of payment of Utilities Vouchers in the amount of $176,780.21. Misko seconded. Carried 7-0. COMMUNICATIONS 0 The Clerk announced that there would be a Public Hearing on October 13, 1992 regarding the Valley/Lions Park Extended Water Project Assessments. Also a reminder, that the Council will hold a Public Hearing on October 19, 1992 at 7:OO P.M. on the rezonings to implement the Comprehensive Master Plan. The Council determined no special Council meeting would follow and action on the rezonings would occur at the next regularly scheduled Council meeting. Clerk reported a petition had been received from Margaret Loughney for rezoning her property from EA to A and a Public Hearing set for October 27, 1992 at 7:25 P.M. Referred to Plan Commission for review and recommendation. Misko moved to adjourn at 10:25 P.M. Schneider seconded, carried. Respectfully submitted, ty Clerk GENERAL FUND: BOARD CHECKS (regular) HAND CHECKS END OF MONTH TOTAL UTILITIES SEWER BOARD CHECKS (regular) HAND CHECK TOTAL WATER: BOARD CHECKS (regular) HAND CHECKS END OF MONTH TOTAL UTILITY VGUCHERS: a